Tag Archives: Dependency

FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION

Normally at this time of year I get together with Hilary Wetherell to present a one day course on fatal accidents.  There are obvious difficulties with giving  lectures this year. We are instead  series of webinars on the key issues relating to fatal accident litigation and damages. FATAL ACCIDENTS: SEEING THE CLIENT FOR THE FIRST TIME, PREPARING […]

THE KEY CASES IN FATAL ACCIDENT DEPENDENCY CLAIMS: WEBINAR 6TH APRIL 2020

On the 6th April 2020 I am presenting a webinar “The Key Cases in Fatal Accident Dependency Claims” – concentrating upon the assessment of damages in fatal accident cases.      THE WEBINAR The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in […]

COSTS BUDGETING IN FATAL CASES WHERE THERE IS A CHILD

I had an interesting email this morning from Jon Heath, solicitor at Levins, Liverpool. It dealt with the issue of costs budgeting in a fatal case where there is a child involved. BUDGETING, FATAL ACCIDENTS AND CHILDREN CLAIMS “I recently attended a CCMC at the County Court at Liverpool on behalf of the claimant in […]

FATAL ACCIDENTS : COHABITEE IS (OR SHOULD BE) ENTITLED TO BEREAVEMENT PAYMENT

The Court of Appeal decided today that the failure of the  Fatal Accidents Act to include cohabitees  within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act. As the law currently stands cohabitees are  not entitled to the statutory bereavement payment under the Fatal Accidents […]

FATAL ACCIDENT DEPENDENCY AND CULTURAL EXPECTATIONS: THE REPORTED CASES

A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency.  There are relatively few reported cases on this topic. It is worth looking at them. KEY POINTS Perhaps the major point to be made is to read […]

FATAL ACCIDENTS DAMAGES MASTERCLASS: 19th JULY 2016 LEEDS

Zenith Chambers invite you to :     PI Wine and Wisdom: Fatal Accident Damages Masterclass       4:30 PM – 6:30 PM Tuesday, 19th July 2016     The Chambers, 30 Park Place, LS1 2SP     £20.00     This seminar is accredited for 2 CPD Hr(s) On Tuesday 19th July 2016, […]

KNAUER: SUPREME COURT ALLOWS APPEAL: MULTIPLIER RUNS FROM DATE OF TRIAL

The Supreme Court gave judgment in Knauer -v- Ministry [2016] UKSC 9 of Justice this morning. The court allowed the appeal.  The multiplier in a fatal accident case now runs from the date of trial/assessment and not the date of death. This means that fatal accident awards will now be higher.  There is a greater […]

KNAUER -V- MINISTRY OF JUSTICE: DATE FOR SUPREME COURT JUDGMENT

The judgment in the Supreme Court case about multipliers is to be given on the 24th February 2016.   The video of the arguments in the case can be seen here. 

KNAUER -v- MOJ: FATAL ACCIDENTS & MULTIPLIERS IN THE SUPREME COURT: DECISION PENDING

The issue of the date when the multiplier should run from has been considered by the Supreme Court on the 28th January 2016 in Knaur -v- the MOJ. This is a case that, undoubtedly, is going to feature again on the blog. THE MULTIPLIER The question of the date from which the multiplier should be […]

FATAL ACCIDENTS: A HIGH COURT DAMAGES AWARD CONSIDERED

There are interesting observations in relation to several aspects of Fatal Accident damages in the judgment of Mr Justice Garnham in  Mosson -v- Spousal (London) Ltd [2015] EWHC 53 (QB). KEY POINTS An allegation of contributory negligence on the part of the deceased could not be sustained in the total absence of evidence. The costs […]